Savannah morning news. [volume] (Savannah) 1868-1887, 1887-01-23
JUSTICES OF THE PEACE.
THEIR ORIGIN. POWERS AND
DUTIES As DEFINED BY LAW.

The Effect of the solicitor Generals
Letter in Re gard TO Fees-DerivAtIOn
of the Title ''Esquire' and Its April
! catiOn-Americans Use It Because
"ITs Eng You Know
| Solicitor General duBignon stated yes
! terday that he has not had a complaint
about mag trates' costs since he issued
his letter OF Jan. 4. Prior to that time ne
had complaints nearly every day and
some days half a dozen. For each criminal
warrant issued by a Justice Of the Peace
the Justice is allowed a tee of 81 %. I'm
der local law he can charge So for
drawing bond, and has been collecting
1t at the time the bond was made, which,
the Solicitor General declared, the
Justices had no right TO DO.
Every Magistrate, eX-Oticio Justice
| OF the Peace or Constable is required 10
keep printed or plainly written copy OF
the Zee bill posted up conspicuOusly In
his Office, and the Savannah magistrates
do it.
MAGISTRATES JURISDICTION.
The criminal jurisdiction Of Justices Of
the Peace is dehned in the State Code.
Justices OF the Peace nave criminal iuris-
hension OF any person charged on oath
With violation OF the penal code. or
who are so known to them officially; In
examining such persons, when brought
before them and to commit, bind over and
discharge. They also ACT as cOnserVators
Of the public peace.
The office of the Justice OF the Peace
was established AZ an early date in the
| history OF the English law, In those
times they were called conservatOres
PAGES, or as nowadays conservators OF
the peace. They I'D not derive their
powers then exactly as they do now.
Some claimed their power by prescrip-
tlOn; some asserted it by virtue OF the
tenure OF their lands, while the most of
them were elected by the freehOlders of
the county.
ENGLISH MAGISTRATES.
In the year 1927 the system of election
was discontinued in England, and Parlia-
ment ordained that such magistrates
should receive their appointment from the
King or under his commission. They
were still styled cOnscrvators, wardens
or keepers Of the peace until 1861, when,
| as BLACKSTONE states, they acquired the
| more honorable appeliation OF justices.
| They are now appointed by the Lord
| Chancellor by virtue OF the Queens spe-
| cial commission under the great
| seal. The form Of commission ad-
| dressed to the justices was determined
| in 1880. Certain property qualifications
are required of the English justice. In
| Georgia all persons are eligible to the
! office OF Justice of the Peace who are en-
! titled in the county in which the district
is situated to vote for the members oil the
| General Assembly, who have been three
months III the district next preceding the
| election and VINO do not labor under any
disqualification.
| SERVE WITHOUT PAY.
AS a general rule the English justices
serve gratultously, but In the cities ard
large towns there are stpendiary justice
| who receive a fixed compensation. In
! the United States the Institution OF JUS
| tees OF the Peace has been adopted from
| England. In Georgia they are elected by
the people, but in some States they are
! appointed by the Governor.
| The civil Jurisdiction of the justice is
! defined at length in the State code.
Among other things he is authorized to
! perform the marriage ceremony. In this
respect he is put on the same grounds
| with the minister OF the gospel. If he
marries n couple Without license he is
punishable by fine not exceeding 81, 900.
! Justices have jurisdiction in all civil
| cases arising eX contractu, ana in cases
| of injuries or damages to personal prop
! erty wnen the principal sum does not eX.
| coed 500.
| THE NOBLE NAME OF SQUIRE.
The term esquire, so familiar to older
! citizens as carrying with it a certain de-
gree OF dignity when attached TO JUS
| tice of the Peace, is an ancient term
! dating from the time of the Roman EN-.
| pire, though it was IN most common use
| under the ieudal system, which latter
! dominated the whole of Europe. The
name aud title was originally given to an
| armOr- bearer who was an attendant on a
! knight. AS this office in times OF chivalry
was mostly borne by persons of good fam
| lily, the word esquire came TO be used in
| England TOR the rank next below knight
| and above simple gentlemen. The young
| est sons of peers, who are now called hon.
! CRADLES, their eldest sons and those of
| knights, the Justices OF the peace, sheritfs
| OF counties, serge ants-at-law and doctors
! of divinity are esqulres. by virtue OF their
| rank or office.
ESQUIRES BY PRESCRIPTION.
Heads OF ancient families are esQuires
| by prescription and hence the word has
| come to be used as a common addition to
| the names of all who hold the rank of
| gentlemen. An esquire was formerly
! created by the king by putting silver
! collar AROUND his neck and bestowlng on
| HIM PAIR of spurs-nnt unlike the COS
! tune OF the Georgia Major" a pair Of
| spurs and paper collar. But nowadays
! the title OF esquire is 50 generally be-
| slowed that 1t has lost its strict technical
/ value. In the United States toe title is
| given TO public officers Of all degrees,
/ rOm governors down TO justices and at
! torneys. Indeed, the title, IN addressing
/ letters. is bestowed on any person at
pleasure. and contains no dednte de-
scription. 1t Is, in fact, merely an ex-
preston of respect.
Another Year of the Manhattan.
The annual statement Of the MANHAT-
TAN LIFE INSURANCE COMPANY, which
~. n. ~ nnlllt,l,l ~ Lhia M nor